The Legal Analysis Of The Prohibition Of Electric-Bicycle

With the electric-bicycle industry has developed rapidly China has become theworld’s largest electric-bicycle manufacturing and consuming countries in recentyears. Relative to the motor vehicle, electric-bicycles are environmentally friendly,low energy consumption, low noise and low cost. Encourage and protect thedevelopment of the electric-bicycle industry is a common practice for governmentsaround the world. Western developed countries and Taiwan of China has passed theelectric-bike legislation, has made detailed provisions on the definition, classification,weight, speed and technical standards for electric-bicycles, as well as trafficmanagement, legislation, most of the electric-bicycle as a bicycle, as the green meansof transport to promote them. On the contrary, China’s electric-bicycle legislation islagging behind, mainly for electric-bicycles poorly defined, outdated technicalstandards, national technical standards and legislative provisions conflict. On thesurface, the prohibition of electric-bicycle is the government’s" lazy political behavior,in a sense it is constitutional issue.The course of development of China’s electric-bicycle industry and localgovernments to develop a regulatory framework, law enforcement practices and theeffect of the unity of China’s electric-bike legislation in the validity of the legislation,industry standards and regulations, enforcement procedures of justice, illegal reliefeconomy and other aspects there is a serious shortage. From the legislative experienceof developed countries on electric-bicycles, electric-bicycles have a strict definition,the electric-bicycle is a pedal and human riding function, and with a special powerassisted bicycle, nature is a special bike. Therefore, we should first clear legal electric-bike concept. Second, improve the electric bicycle industry standards andmanagement standards to achieve the harmonization of the two. Third, establish andperfect the system of constitutional review. Fourth, expand citizens’ participation inthe legislative. Finally, strengthening the whole society law-abiding habit, lift the "theprohibition of electric-bicycler, perfect electric-bike legislation is imperative.